Is it illegal to take photos in my windows?

[aloha43]

What is the name of your state? California

I posted a message months ago regarding my next door neighbor yelling profanity, and giving obscene gestures EVERY time we saw her. (and even when we were inside our home. I wanted some advice on what could be done. We were told that this was freedom of speech.

Now, we have installed a security system that has shocked us beyond belief!

Almost every day we increase our video collection of her throwing garbage into our yard, slamming our kids bikes and scooters onto the ground, and "to our total shock" she takes pictures in our windows while we're home or not, day or night.

We probably have at least 15 different times on video of her leaning over the 3 foot fence and straining to get as close as she can to the windows to snap pictures.

Is there anything that can be done? Is this against the law?

Thanks for any input.

aloha

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I posted a message months ago regarding my next door neighbor yelling profanity, and giving obscene gestures EVERY time we saw her. (and even when we were inside our home. I wanted some advice on what could be done. We were told that this was freedom of speech.

Now, we have installed a security system that has shocked us beyond belief!

Almost every day we increase our video collection of her throwing garbage into our yard, slamming our kids bikes and scooters onto the ground, and "to our total shock" she takes pictures in our windows while we're home or not, day or night.

We probably have at least 15 different times on video of her leaning over the 3 foot fence and straining to get as close as she can to the windows to snap pictures.

Is there anything that can be done? Is this against the law?

Thanks for any input.

aloha

====================================

My response:

1. Report this to the police, and have a criminal incident report prepared.

2. File a Petition for a Restraining Order.

3. Sue her. You have all sorts of "causes of action" against her.

However, understand that her homeowner's insurance won't cover any damages or judgments you might be awarded. Insurance does not pay for their insured's malicious and purposeful acts.

But, if she owns a home, and has lots of equity, then you can force a judgment sale of the home to obtain your judgment. That will get her out of the neighborhood.

IAAL

 

[aloha43]

The first 2 calls to the police were uneventful. The second time, the sheriff told me he couldn't do anything. My reason for calling them the 2nd time was because she had accosted my son and 3 other children...screaming profanity at them and saying she was going to kill our cats. When I asked him to just speak to her, he did. He returned to our home, mad, saying he didn't know who to beleive, and that he was going to put all of us over his knee and spank us. When I told him I had video tape, he calmed down. His reaction was awful....real helpful law enforcement here.

I was told to get a restraining order before they could help. The cost of the restraining order is $250, so we didn't get it right away.
The restraining order is in the works right now. But we were not sure if we should wait for the restraining order before contacting the police again.

With her now taking photos, shouldn't we be able to file a police report now, even if the restraining order isn't in effect yet?

Thanks

 

[kattrask]

If the sherrif won't file charges complain to the DA about it. My mom has been in a similar situation for years. She called the sherrif about twenty times and was always told everyone knows what the neightbor was doing, but without 'proof" nothing could be done, so she also got a security and lo and behold the next day they came home to view the video tape and there he was knocking down their fence and dropping nails in the driveway. This was the fifth time he tore down her new fence.

He was charged and was only fined, but it is on record that he does these things. He knows where the cameras are now and how to avoid the tape and still harasses and threatens her. I have tried for years to get her to move because I think this lunatic is going to seriously harm someone some day, and the fact that the sherrif has allowed this to go reinforces his position that he is above the law, and free to abuse a 75 year old woman. I personally would rather keep my mom safe than fight the creep. She is really stubborn though and refuses to move.

When you have a man yellling obsenities and threatening your property EVERY DAY and you come home to find all the windows shot out, it's a pretty good guess who did it, it certainly is worth investigating at least. even if tere is not an actual eye witness.

 

[racer72]

$250 for a restraining order in California? They are only $14 in Washington.

 

[aloha43]

I'm sorry to hear about your mother.

Does she have a restraining order? The sheriff told me that with the restraining order, they can do more. Whether that is true or not, I do not know.

I'm about to find out. By Monday, I'll have the restraining order in effect, then I'm going to the sheriff's dept to file complaints and press charges if I can. If not, the DA will hear from me.

It's really scary when our law enforcement won't do anything.

aloha

 

[aloha43]

The first 2 calls to the police were uneventful. The second time, the sheriff told me he couldn't do anything. My reason for calling them the 2nd time was because she had accosted my son and 3 other children...screaming profanity at them and saying she was going to kill our cats. When I asked him to just speak to her, he did. He returned to our home, mad, saying he didn't know who to beleive, and that he was going to put all of us over his knee and spank us. When I told him I had video tape, he calmed down. His reaction was awful....real helpful law enforcement here.

I was told to get a restraining order before they could help. The cost of the restraining order is $250, so we didn't get it right away.
The restraining order is in the works right now. But we were not sure if we should wait for the restraining order before contacting the police again.

With her now taking photos, shouldn't we be able to file a police report now, even if the restraining order isn't in effect yet?

Thanks

 

[aloha43]

OK. I called the DA today and was pretty much told that as long as she is in HER yard, there's nothing I can do unless she threatens or tresspasses on my property.

This brings me back to my first question:

Is it illegal for someone to invade the privacy of others by taking pictures into our windows?

 

[Souix]

Has anyone considered the possibility that this person might be mentally ill? Have you asked the police what can be done about mental illness? Like calling the local funny farm (mental hospital) to see what they suggest?

 

[aloha43]

Yes, I've considered the mental illness angle. She scares the you know what out of us. This is a woman who sits carrying on conversations with her daughters, 3 and 10 years old, telling them how awful we and others are. All the while, every other word that comes out of her mouth is a 4 letter word. She is teaching these kids to hate, and her bad habits of staring into our windows.

We thought she was deranged, but after seeing the compilation of videos we have just makes us realize how mental she really is.

She has also locked her 3 year old out onto her porch for about 15 minutes, while she screamed "let me in". I called CPS just for some advice. She told me that nothing could be done unless they actually saw her and that my surveillance video was not admissable.

I fear for her kids.
And my family.

And I don't know what to do.

 

[Souix]

Yes, I've considered the mental illness angle. She scares the you know what out of us. This is a woman who sits carrying on conversations with her daughters, 3 and 10 years old, telling them how awful we and others are. All the while, every other word that comes out of her mouth is a 4 letter word. She is teaching these kids to hate, and her bad habits of staring into our windows.

We thought she was deranged, but after seeing the compilation of videos we have just makes us realize how mental she really is.

She has also locked her 3 year old out onto her porch for about 15 minutes, while she screamed "let me in". I called CPS just for some advice. She told me that nothing could be done unless they actually saw her and that my surveillance video was not admissable.

I fear for her kids.
And my family.

And I don't know what to do.

Do you have a State program for the mentally ill?

 

[aloha43]

Ok, I contacted an attorney who helped me with the restraining order paperwork.

I went to court 2 weeks ago for an ex-parte hearing where the Judge signed the temporary restraining order and made us a court date for April 2. The sheriff served her the paperwork.

3 days after being served, she was trompinng down our lawn, and taking more photos inside our window again. The sheriff was called, he spoke to her (she lied) I proved it by showing the sheriff the surveillance video. I gave him a copy of the video for the DA, and he said he was going to file a report.

When we went to court, she held up a counter order against me. The judge asked her if she had me served, which she didn't. Instead of holding off her claim like everyone else that didn't have their party served, he made an exception and made copies and allowed me 15 minutes t read it. Come to find out, she never even filed her papers....

After all I went through to get this temp order signed, he looked at it as neighbors squabbling instead of a real concern on my part and set mediation and another court date for April 30.

He then stopped the temporary order he had signed, thinking there was no reason for it. He wouldn't even ask us any questions....he just set another date. I did get a chance to tell him that she had already broken the order and that we had concerns, but he didn't listen.

Now if I call the sheriff, they will tell me that they can do nothing without the order.

I am sooooo scared! I feel so helpless.

Does anyone have any advice on anything I can do now?

Thanks

Debbie

 

[Souix]

Get a gun, step out onto your porch the next time you see her on your property and tell her you will shoot her if she doesn't leave immediately. I know it sounds drastic, but thats what I would do.

 

[AmosMoses]

aloha

Jeez, that sounds wacky!! Be careful what you do in return to her...as much as I tend to agree with Soiux's advice, simply because that is what it sometimes takes to get certain people's attention, because she may be videoing you! I'm not saying don't do it, just be careful if you do! I realize she's a nut, but she may well be crazy like a fox, you know! Now, THAT would be bad, and make YOU look like the wacko, past present and future. Keep documenting everything for now, I guess. I hope she doesn't have to gravely harm or kill someone to get a little assistance there. Good luck.

 

[Souix]

In addition to my previous post, if this person is standing in your yard taking pictures of you thru your windows, take your screens off or your storm windows. Perferably get a shotgun and stick it out the window at the camera person. Tell them to get off your property or else.

In my state we have a legal right to shoot anyone that comes on our property with the intent to cause bodily harm. Its called self-defense. Check with your authorities to make sure you have this right too. What else can you do if your police department and your restraining order is not helping you?

It may be wacko but sometimes the only solution is to fight wacko with wacko. Good Luck!